A/HRC/45/9
security companies, held pursuant to Human Rights Council resolution 36/11. The
submission outlined key elements for an international regulatory framework for private
military and security companies, arguing that a legally binding international instrument is
needed.2
7.
In September and October 2019, the Chair of the Working Group, Mr. Kwaja,
presented its thematic reports to the Human Rights Council and General Assembly,
respectively.
8.
In November 2019, the Working Group organized an event entitled “The use of
private military and security companies in migrant detention centres” at the Forum on
Business and Human Rights, held in Geneva. Ms. Bobea chaired the panel, and Ms. Aparac
presented an expert statement alongside other experts and practitioners. The panel
highlighted the appalling human rights abuses in such facilities in some States in the
Americas, Europe and Oceania, while a refugee recounted his first-hand experience of
mistreatment suffered at the hands of private security providers while held in offshore
detention.3 In May 2020, Mr. Kwaja delivered a statement at an expert virtual consultation,
organized in conjunction with the Office of the High Commissioner for Human Rights
(OHCHR) Regional Office for South-East Asia, on the role of private military and security
companies in immigration and border management in Asia-Pacific.
9.
During the Forum on Business and Human Rights in November 2019, Ms. MacLeod
participated in an interactive round table entitled “Gender guidance for the Guiding
Principles on Business and Human Rights: from paper to practice”. Also that month, the
Working Group held a panel event, in conjunction with DCAF – Geneva Centre for
Security Sector Governance, on gender and private military and security companies,
focusing on the role of States, companies and clients in addressing human rights challenges.
Mr. Kwaja chaired the panel and Ms. MacLeod delivered a statement on the gendered
human rights impacts of private military and security companies. 4 Another panellist
presented a policy brief on gender and private security that had been produced by DCAF,
the United Nations Entity for Gender Equality and the Empowerment of Women and
others, 5 and lessons she had learned while working in that sector in Guatemala. Ms.
MacLeod also participated in events in London, Kharkiv, Ukraine, and Geneva on behalf of
the Working Group.
10.
In April 2020, the Working Group convened an expert virtual consultation on the
evolving forms, trends and manifestations of mercenaries and mercenary-related activities.
The consultation fed into the preparation of the Working Group’s 2020 report to the
General Assembly.
III. Thematic report
11.
The substantive report of the Working Group focuses on the use of private military
and security services in immigration and border management. Over the years, the Working
Group, alongside other human rights actors, has contributed to raising awareness about the
human rights impacts of certain aspects of this business sector, notably privatized
immigration detention facilities, and has expressed deep concerns about its impacts on the
human rights of all migrants. Other subsectors of the border security market are, however,
less well-known, despite their profound ramifications for the human rights and dignity of
migrants. The thematic report will shine a critical light on them.
12.
The thematic report begins by laying out the contexts in which this business sector
emerged and functions, highlighting the negative consequences of State approaches to
migration governance in recent years, 6 and describing the multitude of corporate actors
2
3
4
5
6
See www.ohchr.org/EN/HRBodies/HRC/WGMilitary/Pages/IGWG.aspx (in “Submissions by other
stakeholders”).
See www.ohchr.org/EN/NewsEvents/Pages/SecurityPrivatisationMigrationContexts.aspx.
See A/74/244.
See https://dcaf.ch/sites/default/files/publications/documents/GSPolicyBrief_2%20EN%20
FINAL_0.pdf.
See www.ohchr.org/Documents/Issues/Migration/MigrationHR_improvingHR_Report.pdf.
3
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